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Patna High Court

Binay Das @ Vinay DasversusThe State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The Court held that the prison superintendent must forward the premature release proposal to the State Remission Board within a month and the Board must adjudicate the proposal within three months.

Summary

The petitioner, convicted of murder and serving a life sentence since 2007, filed a writ petition seeking a mandamus directing the prison superintendent to forward a proposal for his premature release to the State Remission Board and another mandamus directing the Board to consider his release after he had completed 17 years of incarceration. The State argued that an earlier proposal had been rejected and could be reconsidered after a year, while the petitioner contended that the rejection was arbitrary and cited precedent. The Court observed that more than two years had elapsed since the last consideration and, relying on Supreme Court guidelines, ordered the authorities to send the proposal within a month and the Board to decide within three months. The petition was consequently disposed with these directions. The decision underscores the duty of prison officials to follow prescribed remission procedures and the applicability of Supreme Court jurisprudence on premature release.

Issues considered

  • Whether the prison superintendent is obligated to forward a proposal for premature release to the State Remission Board.
  • Whether the State Remission Board must consider the petitioner's premature release after the lapse of the prescribed period.
  • Whether the earlier rejection of the proposal was arbitrary and violative of established guidelines.

Subjects

  • premature release
  • remission board
  • mandamus
  • life imprisonment
  • prison law
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.136 of 2025
                   Arising Out of PS. Case No.-260 Year-2007 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Binay Das @ Vinay Das S/o- Late Lakhan Das Village- Po- Bhatoriya Ps-
                 Madhusudanpur Dist- Bhagalpur
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar
           2.    The State Sentence Remission Board through the Principal Secretary, Home
                 Dept. Govt. of Bihar, Patn Bihar
           3.    The Joint Secretary-cum Director (Administration) Home Dept. Prison,
                 Bihar, Patna Bihar
           4.    The Secretary, Law Department, Govt. of Bihar, Patna Bihar
           5.    The Additional Director General of Police, Patna Bihar
           6.    The Inspector General, Jail and Reforms Services, Bihar, Patna Bihar
           7.    The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna
                 Bihar
           8.     The Superintendent, Special Central Jail, Bhagalpur Bihar
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar Singh, Adv.
                 For the Respondent/s     :       A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
3   19-01-2026                    Heard learned counsel for the petitioner as well

                   learned counsel for the State/respondents.

                               02. The present petition has been filed seeking the

                   following reliefs:-

                                        (I) For issuance of an appropriate writ in the
                                        nature of MANDAMUS, commanding and
                                        directing the Respondent no.8 to send the
                                        proposal along with relevant reports of the
                                        prescribed Authorities as required under the
                                        law to the State Remission Board for grant of
                                        pre-mature release of the petitioner in
                                        connection with Sessions Trial No.585 of 2008
                                        arising out of Nath Nagar P.S. Case No.260 of
                                        2007 dated 31.10.2007 in which the petitioner
                                        was convicted for life under Section 302/34 of
                                        the Indian Penal Code vide judgment dated
                                        04.05.2011 and order on the point of sentence
                                        dated 07.05.2011 passed by the learned
Patna High Court CR. WJC No.136 of 2025(3) dt.19-01-2026
                                            2/3




                             Additional Sessions Judge, Fast Track Court
                             -1, Bhagalpur
                             (II) For issuance of an appropriate writ in the
                             nature of MANDAMUS, commanding and
                             directing the Respondent State Remission
                             Board to consider the case of the petitioner
                             for grant of pre-mature release and grant pre-
                             mature release to the petitioner on the ground
                             that the petitioner is behind the bar since
                             02.11.2007 and he had already completed 17
                             years of his physical incarceration.
                             (III) For issuance of any other appropriate
                             writ / writs, order/ orders direction/directions
                             for which the writ petitioner would be entitled
                             under the facts and circumstances of the case.

                       03. Learned counsel appearing on behalf of the

          State/respondents at the outset submits that the proposal for

          premature release of the petitioner was earlier rejected by the

          State Remission Board (hereinafter ‘the Board’) vide order

          dated 20.04.2023 and following the rules for premature release,

          the case of the petitioner could be considered after one year of

          the rejection and therefore the Board would consider the case of

          the petitioner for premature release if proposal is placed before

          it.

                       04. Learned counsel appearing on behalf of the

          petitioner submits that the rejection on the previous occasion

          was merely on the ground that there was adverse report of

          superintendent of police and the court which convicted the

          petitioner but the grounds taken therein were not supported with

          any reasons and merely in order to deny the petitioner’s
             Patna High Court CR. WJC No.136 of 2025(3) dt.19-01-2026
                                                         3/3




                       premature release, such reports were given. In support of his

                       case, learned counsel referred to a decision of this Court passed

                       in the case of Gokul Yadav vs. State of Bihar and Ors., 2025

                       (4) PJLR 474.

                                    05. Be that as it may, since more than two years have

                       elapsed when the proposal for premature release was considered

                       by the Board, the State authorities are bound to send a proposal

                       for premature release of the petitioner to the Board which would

                       then be considered by it in terms of parameters and guidelines

                       prescribed by the decisions of the Hon’ble Supreme Court in the

                       cases of Rajo @ Rajwa @ Rajendra Mandal v. State of Bihar

                       & Ors., 2023 SCC OnLine SC 1068 & Ram Chander vs. The

                       State of Chhattisgarh & Anr, (2022) 12 SCC 52. Such proposal

                       would be sent within a month from the date of the

                       receipt/production of copy of the present order and thereafter the

                       Board will consider the proposal and pass orders within a period

                       of three months.

                                    06. Accordingly, the present writ petition is disposed

                       of.



                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


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